How To Prove A California Retaliation Claim

In California, a claim of Retaliation is defined as:
Retaliation is a type of discrimination that refers to any adverse action taken by an employer against an employee in response to the employee engaging in protected activity, such as reporting illegal conduct or discrimination, participating in an investigation, or filing a complaint.
It simply means:
An employer cannot take adverse action against an employee for engaging in legally protected activities.
There are 3 elements of the claim:
- Element 1. The plaintiff (employee) engaged in a legally protected activity. The plaintiff, who is an employee, took part in a legally protected activity, such as reporting workplace discrimination or filing a complaint about unsafe conditions, which is recognized by law as a right that should not lead to punishment or retaliation from the employer.
Facts that might support this element look like:
* The plaintiff reported instances of workplace harassment to the human resources department, which is a legally protected activity under employment law.
* The plaintiff filed a formal complaint with the Equal Employment Opportunity Commission (EEOC) regarding discriminatory practices within the company.
* The plaintiff participated in a company-sponsored training on diversity and inclusion, advocating for a more equitable workplace.
* The plaintiff provided testimony in a colleague’s discrimination case, which is protected under whistleblower laws.
* The plaintiff requested accommodations for a disability, asserting rights under the Americans with Disabilities Act (ADA). - Element 2. The defendant (employer) subjected the plaintiff to adverse employment actions for impermissible reasons. The employer took negative actions against the employee, like firing or demoting them, for unfair reasons, such as the employee complaining about discrimination or participating in a workplace investigation, which is not allowed by law.
Facts that might support this element look like:
* The plaintiff reported safety violations to management, after which their work hours were significantly reduced without explanation.
* Following the plaintiff’s participation in a workplace discrimination investigation, they were denied a promotion that was awarded to a less qualified employee.
* The plaintiff received a negative performance review shortly after filing a complaint about harassment, despite previously receiving positive evaluations.
* The employer implemented a disciplinary action against the plaintiff for minor infractions that were overlooked for other employees who had not engaged in protected activity.
* The plaintiff was excluded from team meetings and important projects after they voiced concerns about unethical practices within the company. - Element 3. A causal relationship existed between the protected activity and the adverse employment action. A causal relationship means that there is a clear link between the employee’s protected action, like reporting unfair treatment, and the negative action taken against them, such as being fired or demoted, showing that the negative action was a direct result of the employee standing up for their rights.
Facts that might support this element look like:
* The employee filed a formal complaint about workplace discrimination on January 15, 2023.
* Following the complaint, the employee’s supervisor began to give them negative performance reviews.
* The employee was denied a promotion shortly after their complaint was submitted, despite being the most qualified candidate.
* Colleagues reported that the supervisor expressed frustration over the employee’s complaint during team meetings.
* The employee was subjected to increased scrutiny and micromanagement after engaging in the protected activity.
(See California Fair Employment and Housing Act Gov. Code, ¬ß 12900. Wilson v. Cable News Network, Inc., 444 P. 3d 706 – Cal: Supreme Court 2019.)
If you’re in court without a lawyer and plan to assert a Claim of Retaliation, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively advocate for your rights.
Prove Your CA Retaliation Claim
U.S. Civil Cases Only